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Klein attacks the “Republican” approach–damage caps–by tackling that straw man argument, namely that caps have to do with medical malpractice lawsuits being frivolous. To argue his case, Klein regurgitates arguments made by Tom Baker and points to a few studies, including the comprehensive Harvard Medical Practice Group study of 15 years ago, the recent Studdert-Mello Harvard study, and a RAND study. He makes a mess of it.

Also, at this moment, CNN is reporting breaking news that Merck has been found not liable in the 7th Vioxx case.